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RESOLUTIONS - 01012004 - 2004-302
0001 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 8, 2004,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAUI-NIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO,2004/302 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8690,being developed by Shapell Industries of Northern California, a Division of Shapell Industries,Inc.,a Delaware Corp.,San Ramon(Dougherty Valley)area.(District Q The following documents were presented for Board approval this date: I. Map The final map of Subdivision 8690,property located in the San Ramon(Dougherty Valley) area, Supervisorial District III, said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with Shapell Industries of Northern California, a Division of Shapell Industries,Inc.,a Delaware Corp.,principal,whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. Originator:Public Works(ES) Contact: Teri Ric(313-2363) G:1GrpDatalEngSvc\13012004\06-08-041SD 8690 BO-21.doc JY:rm ATTESTED: JUNE 08, 2404 cc: Public Warks—T.Bell,Construction Current planning,Comnnunity Development JOHN SWEETEN,Clerk of the Board of Supervisors and April a,zoos Shapell County Administrator Shapell Industries of Northern California 100 N.Milpitas Blvd P.O.Box 361169 Milpitas,CA 95035 Attn:S.Savage&S.Worden By L10� ,Deputy National Fire Insurance Company of Hartford 5820 Canoga Ave.,State 200 Woodland Hills,CA 91367 RESOLUTION NO.2oo4f 302 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8690, being developed by Shapell Industries of Northern California, a Division of Shapell Industries,Inc., a Delaware Corp., San Ramon(Dougherty Valley) area. (District IIS DATE: June 8, 2004 PAGE: 2 A. Cash Bond Performance amount: $14,000.00 Auditor's Deposit Permit No. 423931 Date: May 3,2004 Submitted by: Shapell Industries of Northern California Tax ID Number: 95-2578030 B. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number: 929 299 740 Date: April 20, 2004 Performance Amount: $1,383,300.00 Labor&Materials Amount: $698,650.00 Principal: Shapell Industries of Northern California, a Division of Shapell Industries, Inc., a Delaware Corp. Ill. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2003-2004 tax lien has been paid in full and the 2004-2005 tax lien,which became a lien on the first day of January 2004, is estimated to be $519,900.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Bond Company: National Fire Insurance Company of Dartford Bond Number: 929 299 732 Date: February 11, 2004,together with Bond Increase Rider dated May 7, 2004 Amount: $691,100.00 Principal: Shapell Industries of Northern California, a Division of Shapell Industries, Inc., a Delaware Corp. NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2004/302 z 0 m '~'W�„J F •' {{,�,� C<¢gWY'. 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M.9S1 .i VJk dtTftl (1),00'95 .71 0&89Ni a i� ��ad� n7 3 Q i a hViAZOON _ I N - ! x~ I r 1 z s 10 W- ANOM 17"laq,wa- Altomll M� OEM r - - M • ¢ s ! a • s •s • j � 4 i F �, 828600-0800: 61138290, $125.00, WCC Traf Fee COLA, permit# 340971, Romi Mayder, 1331 Sierra Ave. San Jose, CA 95126 828600-0800: 61138291, $30.110, WCC Traf Fee COLA, permits# 351191 & 351192, Excelbuilt, Inc., 3150 Hilltop Mail Rd, Ste 10, Richmond, Ca 94806 06829755 / 819200: G1138281, $16,000,00, Signal Design & Remodel, Shapell Industries of No. CA, 100 North Milpitas Blvd., Milpitas, SCA 95035 0682-9755 / 819200: G1138282, $6,000.00, .Signal Design, Shapell Industries of No. CA, 100 North Milpitas Blvd., Milpitas, CA 95035 0682-9755 / 819200: G1138283, $3,600.00, Signal Design, Contra Costa RE Investors, LLC, 4155 Blackhawk Plaza Circle, Suite ## 201, Danville, CA 94506 0682-9755 / 819200. 61138284, $400.00, Signal Design, Ponderosa Homes II, Inc, 6671 Owens Dr., Pleasanton, CA 94588 829800-0800: G1138517, $8,200.00, RA 1148, Cash Baird, Shapell Industries of No. CA, 100 North Milpitas Blvd., Milpitas, CA 95035 8198000800: 61138519, $14,000,00, Sub 8690, Cash Band, Shaped Industries of leo. CA, 100 North Milpitas Blvd., Milpitas, CA 95035 819800-0800. 61138527, $1,342. , M5 02-0020, Cash Band, Busby Construction, PO Box 10017, Martinez, CA 94553 0649-9665 / 831000: 61138527, $9.339.00, MS 02-0020, Inspection Fee Deposit, Busby Construction, PO Box 1007, Martinez, CA 945531 0649-9665 / 831000: G1138518, $40,500.00, RA1148, Road Acceptance Inspection, Shopell Industries of No. CA, 200 North Milpitas Blvd., Milpitas, CA 950135 0649-9665 / 831000. 61138520, $66,400.00, Sub 8690, Major Sub Inspection, Shopell Industries of No. CA, 100 North Milpitas Blvd., Milpitas, CA 95035 Subdivision: Tract 8690IN-t/Gallery,Gale Ranch 11 Bond No.: 929 299 740 Premium: $10,375.00 IMPROVEMENT SECURITY.BOND. FOR SUBDIVISION AGREEMENT (Performance, Guarantee and Payment) (California Government Code§§66499-66499.10) 1. RECITAL OF SUBDIVISION AGREEMEN I. The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in 8�'R 4tGattery Subdivision c-.T-aaR �r, .. ,as specified in the subdivision agreement and to complete said work within. the time specified for completion in the subdivision agreement,all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a final reap or parcel map for said subdivision. 2. OBLIGATION: ShaR@H industries of Northern Cafifomia,A Division of Sha eil Industries Inc. a Delaware Corp. as principal and National Fire Insurance Company of Hartford , a corporation organized and existing under the laws of the State of CTu and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators,successors and assigns to the County of Contra Costa,California to pay as follows: A. Performance and Guarantee: one Mormn Three Hundred Elghty Three Thnuswd Thm Hundred No/100**, Dollars($ 7,383,300.00'* )for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment: Six Hundred Ninety Eight Thousand six Hundred Fifty Pao/100*** Dollars ( $698,650.00- )to secure the claims to which reference is shade in Title X"SJ (commencing with Section 3082) of Part 4 of Division ill of the 'Civil Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section(2.A.)above is such that ifthe above bonded principal, or principal's heirs,executors,administrators,successors or assigns,shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on it or its part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless the County of Contra Costa(or city assignee)its officers,agents and employees,as therein stipglaied,thea this gNigation shall become null and void; otherwise it shall be and remain in full force artd effect. ~� y As part of the obligation secured hereby and in addition to the'faoe amt us'f specified therefore,there shall be included reasonable costs,expenses and fees,including reasoftsable aTtc rr%ey's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation, as to Section (2.B.) above, is such that said principal and the undersigned, as corporate surety, are held firmly bound unto the County of Contra Costa and all contractors,subcontractors,laborers,material men and other persons employed in the performance of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials furnished, labor of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact amount thereof,reasonable costs, expenses and fees,including reasonable attorney's fees, incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the court, all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims underTitle 15(commencing with Section 3082)of Part 4 of Division 3 ofthe Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under conditions of this bond be fully performed,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the principal and the County of Contra Costa(or city assignee)shall relieve the surety from liability on this bond;and consent is hereby given to make such alteration without further notice to or consent by the surety; and the surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound without regard to and independently of any action against the principal whenever taken. SIGNED AND SEALED on April 20,2004 Shapeli Industries of Northern California,a Division of Shapell PRINCIPAL: industries,Inc.,a Delaware Corp. SURE,"Iy; National Fire Insurance Company of Hartford Address: 100 N.Milpitas Blvd. Address: 5820 Canoga Avenue,Suite 200 City: Mil it ,C Zip: 95035 City: o nd Hils, CA p: M 91367 7By: By: _..___._ Print Name: —9ft—L ,,, Print Name: Pamela L.Stocks Title: s_r�» %Aq4V Title: Attorney-in-Fact By: ! �� Print Name: Title: ft thr Miuw:iap G:1GrpDataTngSvclrorms\SN WORMBN-12.doe Rev.April 9,2004 POWER OF A7-,,43RNEY APPOINTING INDIVIDUAL AT'r"RNE S'-IN-F'AC'T' Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly A Mall,Sandra V Manner,Individually of Sherman Oaks,CA,their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 9th day of July,2003, Continental Casualty Company OAS National Fire Insurance Company of Hartford is ° American Casualty Company;of Reading,Pennsylvania xim3 r SEAL 7�.iSe �Vieiresident State of Illinois,County of Cook,ss: On this 9th day of July,2003,before me personally came Michael Gengler to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations,that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. IOFFIC#AL SEAL ILIxA PRICE ttoraa r itptto,•rRse or tt4pttxr Wost V"2B:"nrms - Z-- 00,04� - My Commission Expires September 17,2006 Eliza Price Notary Public CERTIFICATE I,Mary A.Ribikaawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printecj,c#Im�the reverse hereof is i n force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this LUU h day of -April , Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania BEAT. mann .ar flIS7IWO •Da0 � Mary k4ikaiokis Assistant Secretary Form F6S53 .authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX--Execution of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Hoard of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shalt have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thererto. The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Hoard of Directors of the Company at a meeting duly called and held on the 17s day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article Di of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid acrd binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article Vl---Execution of Obligations and Appointment of Attorney-In-Fact Section 2. Appointment of Attomey-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact.." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17*day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and bidding an the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which itis attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time, appoint,by written certificates,Attomeys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation.thereto. The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17u'day of February,1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." State of CALIFORNIA County of LCIS ANGELES On April 20,2004 before me, Sandy Hanner-Notary Public Date NAME, TITLE OF OFFICER.,"JANE DOE. NOTARY PUBLIC" personally appeared Pamela L. Stacks NAME(S)OF SIGNER(S) ( ) personalty known to me-OR- {,,,_.-,}proved to me on the basis of satisfactory evidence to be the person(&) whose name{* is/Viusubscribed to the within instrument and acknowledged to me that tSs"!e'she1jhW executed the same in bisJher/*ttr.authorized capacity, and that by llwheriw signatureo) on the instrument the person(1E), or the entity upon behalf of which tete person(so acted, executed the Instrument. - � � WITNESS hand and official seal. SANDY commission ilE 1362151 -r Notary Public-Caftmis i SIGNATURE OF NOTARY Los Angeibs CourAy My Comm.Expires JW 2,2006 OPTIONAL Though the data below Is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT {._..� INDIVIDUAL CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER{S} {_.._} LIMITED {} GENERAL NUMBER OF PAGES ( } ATTORNEY=IN-FACT {. TRUSTEE(S) GUARDIAN/CONSERVATOR {__} OTHER DATE OF DOCUMENT SIGNER 18 REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S)OTHER THAN NAMED ABOVE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company;Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford,American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. 7 CLOST RF C�� Rt sur The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURETERRORISM L SEM The United States will pay ninety percent(90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 yt '? Y �5 >5 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California y; County of Santa Clara > y On.April 21, 2004,before me,Janice T. Kruse,Notary Public personally appeared s �s Robert D. Moore and Ken Cox known to me to be the persons whose name are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signature on the instrument,the persons or >s the entity upon behalf of which the persons acted, executed the instruent. mas 1AAMIT y c #1697 WITNESS my hand and official seal. ; >s Si ature of Notary Public s Optional Information '? Title or Type of Document: Imurovement Security Bond for Subdivision < Agreement Tract 8690 N4-Gallery Bond# ?? 5} 9292999740 }` Capacity Claimed by Signer. Assistant Vice President and Assistant Secretary cif Shavell industries,Inc. S 1� >i ?c' Sb j `J ?T <y yj 517/04 1=ATCO $42 8690 Tax Collector's Office William J.Pellacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 P. O.Box 631 /(��`` C Russell V.Watts Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (825)646-4122 County Joslyn Mitchell (925)646-4135 FAX l Tax Operations Supervisor $ice,,.-.-✓1,�`.:. d7h 71 y Date. 5/7/2004 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER /S VOID. This will certify that 1 have examined the map of the proposed subdivision entitled`: Tract/MS# City T.R.A. 8690 SAN RAMON 66405 Parcel#: 222-280-001-0 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2003-2064 tax lien has been paid in full. Our estimate of the 2604-2005 tax lien, which became a lien on the first day of January, 2004 is $519,900.00 This tract is not subject to a 1015 Act Bond. if subject to a 1915 Act Bond, the original principal to.calculate a segregation is The amount calculated is void 45 days from the date of this letter, unless this letter is accompanied With security approved by the Contra Costa County Tax Collector ' Subdivision board must be prepented to the County Tax Collector for review and approval of adequacy of securi!y prior to Alin with the Clerk of the Board of Su ervisars. ANN&Ifilrered.b' fhe se: WILLIAM J. POLLACEK, Treasu -Ta C 11 ctor By' PRINCIPAL TITLE C()M ANY SURETY Shapell Industries,Inc. First American Title Co. Na-tonna!Fire I=ra=Company of Hartford 100 N.Milpitas Blvd. 1355 Willow Way,#101 5820 Canoga..6!n nuc„Suite 200 Milpitas,CA 95035 Concord,CA 94520 Woodland Hills GA 91357 Attn: "tom Simonson Attn.:Barbara Pinto Attn: Sond inept. Phone:408-946-1550 Phone: 925-356-7025 818-713-2035 FATCO#787276 Bond No. 929 299 732 Tax year 2004 - 2005 Premium: $4040.00 BOND AGAINST TAXES ~tract 8688, N- a,Gallery,Gale Manch 11 Parcel#222-280-001-9, 222-270-001.1,222.-270-002-9 KNOW ALL MEN BY THESE PRESENTS: THAT,. ShaDell Industries,Inc.. a Delaware corporation as principal and (Surety) National Fire Insurance Company of Hartford ,a corporation organized and existing ander the laws of the State of CT ,and authorized to transact surety business in California as surety are held and firmly bound unto the County of contra costa, State of California, in the penal sum of Five Hundred Thirty E;aht Thousand six Hundred and►ve gpDollars to be paid to said County of Contra Costa , for the payment of which will and truly be made,we and each of us bind ourselves, our heirs,executors,administrators and successors,jointly and severally,firmly by these presents. Sealed with our Seals and dated this 11th clay of February 2004. The conditions of the above obligation is such that WHEREAS,the above bounded principal is about to file a map entitled Subdivision 8688 and covering a subdivision of a tract of land in said.County of Contra Costa and there are certain liens for taxes and special assessments collected as taxes,against the said tract of land covered by said map,which taxes and special assessments collected as taxes',are not as yet due or payable. NOW,THEREFORE,if the said Principal,shall pay all of the takes and special assessments collected as taxes which are a lien against said tract of land covered by said map,at the time of the filing of said map of said tract, then this obligation shall be void and of no effect,otherwise it shall remain in full force and effect. Shapell Industries,Inc.,a Delaware corporation National wire Insurar7ce Company of Hartford Ilk i Priv spa en Cox , Asst. secretary Surety Pamela L. Stocks, Attorney-in-Fact Pnr xpal Robert Moore , Asst. V.P. DATE: / ,.,.._...--- BOND REVIEWED ANIS A ppROVED CONTRA COSTA COUNTY TR SUR COLLECTOR (notary aelmowledgment attached) $y; State of CALIFORNIA County of LOS ANGELES On February 11, 2004 before me, Sandy Hanner-Notary Public Cate NAME, TITLE OF OFFICER„"JANE DOE,NOTARY PUBLIC, personally appeared Pamela L. Stocks NAME(S)OF SIGNERS) { } personally known to me -OR - (_.,.,.) proved to me on the basis of satisfactory evidence to be the persons} whose names(4 ishARIoubscribed to the within instrument and acknowledged to me that bujishetibW executed the ,aurae in his/her/lint authorized capacityowl , and that by Wher/mw signature(a)on the instrument the person(s), or the entity upon behalf of which the person(o acted, executed the instrument ---• ..= :..,=� WITNESS y hand and off ` seal. SAN46m HANDIER Commission#13621 �a No"PubNc-Callforris SIGNATURE OF NOTARY Loa Angeles County My Comm.Exph"JW 20O6 OPTIONAL Though the data below is not required by laver, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT (---) INDIVIDUAL CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT (__ ) PARTNERS) UMITED GENERAL NUMBER OF PACES {X) ATTORNEY-IN-FACT {�) TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) _ _National Fire Insurance C2Mpany of Hartford SIGNER(S)OTHER THAN NAMED ABOVE o-x07426-e POWER OF A"' IRNEY APPOINTING IIS DPYI `3UAL AT"' RNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Tire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies'), are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly A Hall,Sandra V Hanuer,Individually of Sherman Oaks,CA,their true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is tirade and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 14th day of October,2003. c„rw,st mit Continental Casualty Company National Fire Insurance Company of Dartford im +ra bra American Casualty Company of Reading,Pennsylvania AL t. SEAL aas'r � Michael Gengler Se "Vice President State of Illinois,County of Cook,ss: On this 14th day of October,2003,before me personally came Michael Gengler to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name a thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. OFFICIAL SEAL � ELi''iA PRICE MOYMYIYWC,SYAY'ldll4tiNtl1l6 ��� /i17f d7p4RlLi Mt47iDR My Commission Expires September 17,2006 Eliza Price Notary Public CERTIFICA'T'E 1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set fortis is still in force,and further certify that the By-Law and Resolution of the Board.of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this „11th day of, Fabnaty - - Continental Casualty Company National Fire Insurance Company of Hartford la American Casualty Company of heading,Pennsylvania Z VOW JULY tl, SEEAL i ea7 • Mary A.R(bikaokis Assistant Secretary Form F6853-11/2001 �CE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or "insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectivdly the "Writing Companies") as surety or insurer:Western Surety Company, Universal Surety ofArnerica, Surety,bonding Company of America, Continental Casualty Company,National Fire Insurance Company of Hartford,American Casualty Company of Reading, PA, The Firemen`s Insurance Company of Newark, NJ, and The Continental Insurance Company. D-ISCLOURE bF PREMIUM The premium attributable to coverage fox terrorist acts certified ander the Act was Zero Dollars ($4.04). Q; NTERR-ORJSM The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Farm F7310 CALIFORNIA ALL-PURPOSE POSE ACKNOWLEDGMENT State of California ss. County ok�,., t> -,�. ...e - - C. � On —before me, Q V C .Y"i C Da ?e Name and T#1 officer(04.,".lana ooe. PubNeq personally appeared "- Name($)of Sfgner(e) n=pnally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and a a a acknowledged to me that*sAlthey executed DENISE L CRISTIANO the same in *ts/X'er/their authorized Commission# 1296216 capacity(ies), and that by �t/t4r/their -ri Notary Public —Ccstlfornio, signature(s)on the instrument the person(s), or Contra Costa County the entity upon behalf of which the person(s) W Comm.Expires Mors,2i i acted, executed the instrument. WET SS my hartO and offici s Signature otery b OP77ONAL Though Me information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: Individual Top of thumb here ❑ Corporate Officer—Title(s): * Partner—❑ Limited ❑General Attorney-in-Fact Trustee ❑ Guardian or Conservator C7 Other: Signer Is Representing: 0 t969 Natk"l Notary Anocietlon"8350£1e Soto AV*.,PA BOX 2402"Chatawonh,CA 91313.2402+www.natkmwnomry.org Prod.No.5907 Reorder;Coq Toq•Free 1-600978.8627 Executed in Triplicate Subdivision/Tract 8690JN-4,Gale Ranch ti,Parcel#222-280-001-0 CWA Subdivision/Tract 8688/N-213,Gale Manch 11,Parcels#222-280-O01-9, y E 222-270-001-1,222-270-002-9 Increase-Decrease Rider TO BE ATTACHED TO and farm part of Brand Number 929 299 732 Issued by the National Fire Insurance Gam an of Hartford as Surety,on behalf of S e 1 Industries.,Wc..a P_ejawjMo ration of Milpitas,CA hereinafter referred to as the Principal,and in favor of of ConljTa Costa of Martin GA hereinafter referred to as the Obligee,effective the I Ith day of February,2004 IN CONSIDERATION of the premium charged for the attached bond end other gond and valuable consideration it is Understood and agreed that effective the __11th day of February , 2004 ;and subject to all the terms, conditions and limitations of the attached bond,the penal sum thereof shag be and the same is hereby increased from the sura of ** Dollars( 1138.600.N** } to the sum ofHundred Nin ne d One Hundred and No/100!* Dollars( $691,100.00** ) IT IS FURTHER UNDERSTOOD and agreed that Subject to all the terms,conditions and limbfions of the attached frond, the aggregate liability of the Surety for any toss occurring prior to said date shelf not exceed the sum of Five Hundred Thi Eight Thousand Six Hundred and No1100** Dollars(5538,6017,00** or for any lose occurring subsequent to said dans shall not exceed the sum of Six Hundred Nincgy One Thousand One Hundred and No1100** Dollars( 5691,100.00** 1 In no event,however,shall the aggregate lleblilty of the Surety exceed the larger of the aforementioned suets, It being the Intent hereof to preclude cumulative liability. SIGNED,SEALED AND DAT'+wi?this 7th day of May 2004 Accepted By; County of Contra Costa Shapell Industries,Inc.,a Delaware Corporation (Principef) Bv: 8 : (Seal) Truebrid Asst. V.P. DATE: 73OIYI} RIlk VIEWED AND APPROVED 8 den COx , Asst, Sec. CONTRA COSTA COUNTY National Fire Insurance Company of Hartford TRR SUR COLLECTORSurety) BY: e (Seat) Pamela L.Stocks Attorney-in-fact SUR-23i 88-D POWER OF J ORNEY APPOINTING INDIVEDUAL A'. RNEY-M-FACT Know All Men By These Presents,T6t Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly A hall,Sandra V Hanner,Individually of Sherman Oaks,CA,their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 9th day of July,2003. e tr Continental Casualty Company 01 ` u�suR, " National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania &XAY A rte►-► > ° • Michael Gengler Se V ice President State of Illinois,County of Cook,ss: On this 9th day of July,2003,before me personally came Michael Gengler to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. OFFICIAL SEAL ELIZA PRICE • wcgMMnetol+�vMees:am+w My Commission Expires September 17,2006 Eliza Price Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Lacy and Resolution of the Board of Directors of the corporations printedn the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this /th day of MM 2004 tigtT Continental Casualty Company National Fire Insurance Company of Hartford � oEur� `"0 ro a American Casualty Company of heading,Pennsylvania i EY t, SE��. reit'► .� a�. �' � "'o'c,.,, Mary A. ika Assistant Secretary Form F6853 State of CALIFORNIA County of LOS ANGELES On May 7, 2004before me, Sandy Hanner-Notary Public Oat# NAME, TITLE OF OFFICER,,'.JANE QOE, NOTARY PU8LIC" personally appeared Pamela L. Stocks NRMS(S)OF SIGNER($) ( x ) personally known to me–OR– (—) proved to me on the basis of satisfactory evidence to be the persons) whose name(4 isfAmmubscribed to the within instrument and acknowledged to me that Mi she/ t executed the sante in ixisyher/'laic authorized capacity0eig and that by */herb signatureps) on the instrument the person(&), or the entity upon behalf of which the person(so acted, executed the instrument. –.+..4w-6 WITNESS y hand and Ocial seal. S 1 Cnrnmissian#13621 57 amy Notary Public-California DTARY Los Angeles Cour►ty Comm.Expires,Jul 2,2006 OPTIONAL Though the dant below Is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL (__) CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT (�...} PARTNER(S) { _} LIMITED GENERAL { } ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE{S} GUARDIAN/CONSERVATOR (_ } OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S)OTHER THAN NAMED ABOVE G-tg7a2d-e NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectivdly the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford,American Casualty Company of Leading, PA, The Fi.remen's Insurance Company.of Newark, NJ, and The Continental Insurance Company.', DMM f) TI1'F Q ERFLU 71St The premium attributable to coverage for terrorist acts certified under the Act was Zero Sollars {$0.00}. OF 11111T, PATION IN F-A)M.NT OF T-ERRORISM The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible, Parra FMIO 4 ((�(`}:,,,,•'i.,^✓1'U'+v^'�;Vf*'v'R✓VJ��Vr��.+`J'�Vv\�� 'u �n�1�n r.+'�n:^J�tin,lv'i;f/v'rr',Ji.: .I i� :^..ti\'n."^.f✓% �'�r^V»vrvh%�1�f/V��✓T%.%'r%.`rJlr^r�+�l (yl f� CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On May 10,2004,before me,Janice T. Kruse,Notary Public personally appeared, J.C. Truebridge& Ken,Cox personally known to me to be the persons whose names are s subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument the persons, or < the entity upon behalf of which the persons acted, executed the instrument. ,{�T.KRUS€ CotnmWbn#1318697 t+ sry lac-CcaMOM10 WITNESS my hand and official seal. Sonto Clara Courtly A. Si attire of Notary Public Optional Information Title or Type of Document: Increase/Decrease Rider-Bond #929299732 ?� Capacity Claimed b Signer: Assistant'dice President d A> � p tY y gn an Assistant Secretary of r Shapell Industries, Inc. S> < } s� 3t